What you need to know

Q: When Should You Contact An Attorney?

A: Immediately! Time is of the essence. If you are arrested or under investigation for any offense, you should contact a criminal defense attorney as soon as possible. Even if you are innocent of the charges against you or your case is still under investigation, you need competent legal representation to protect your rights.

Q: Why Do You Need An Attorney?

A: Only an experienced attorney can evaluate your case and determine the likelihood of success at trial or, in the alternative, negotiate a favorable plea-bargain. Before charges are actually filed against you, your attorney, with the help of private investigators, may be able to provide evidence to the prosecutor or police agency that may persuade them not to file charges against you. Early planning gives your attorney more time to conduct a thorough investigation and preserve any evidence in your favor as early as possible. After charges have been filed against you, your attorney will evaluate whether it is in your best interest to proceed to trial. Your attorney will develop the best strategy to build a winning defense. However, if trial is not in your best interest, your attorney will negotiate a favorable plea bargain.

Q: Should You Talk To The Police?

A: Absolutely not! Make no statement and sign nothing! If police are investigating you, you may or may not be aware of it. At some point they may ask you to come into the station and give a statement. You may believe this is your chance to tell your side of the story. Don’t do it! Be aware this is a very dangerous time for anyone charged or under investigation for an offense. Do not allow the police to scare or intimidate you into answering their questions. Some police officers will do or promise almost anything in an attempt to coerce or trick you into giving a statement. Instead of talking to the police, you should consult with an attorney immediately. Your attorney will intercede on your behalf and talk to the detectives for you. This is a great way to provide valuable information regarding your innocence and may result in charges not being filed against you. More importantly, doing so will keep you from giving a statement that will undoubtedly be used against you. Know this, the police are not there to clear you of the charges. The police are there to gather as much evidence as they can to make a case against you that will eventually lead to a conviction. Any statement you make will ultimately be used by the prosecution at trial. Even statements made by you that you believe to be innocent can be damaging. Remember, it is your absolute right to say nothing. Excercise it!

The Criminal Process

The Arrest:

The police arrest you based on probable cause that you have committed a criminal offense. The police do not file charges. They only provide reports and evidence to the prosecutor who then decides whether or not charges should be filed.

Arraignment/First Appearance:

At the arraignment, the judge advises you of all charges, your constitutional rights, and sets — or adjusts — the bail. Bail is used by the court almost like an “insurance policy” that you will appear on future court dates. The judge will look at two factors in deciding your bail: your risk of flight and whether you pose a danger to the community. Bail amounts range from “O.R.” — released on your Own Recognizance — to millions of dollars. In serious cases the judge may refuse to allow bail.

Preliminary Hearing:

Preliminary Hearings are held in all felony cases to determine whether there is sufficient evidence to support the charges against you. Once a judge determines that there is probable cause, the case is sent to Superior Court for trial. During Preliminary Hearing, the district attorney or the judge can add additional charges and/or readjust the bail.

Arraignment in the Superior Court:

If the judge has determined that there is probable cause to support the charges, the prosecutor will file a document called an "Information in the Superior Court." The Information alleges the charges which you are facing at trial. At this time you are again advised of the charges and your constitutional rights. Again, you enter a plea of not guilty.

Pre-trial Conference:

At the pretrial conference, your defense attorney discusses the case with the prosecuting attorney, often including the judge. This is a good opportunity for your attorney to speak with the prosecution in order to obtain the best possible deal (plea bargain). It also allows your attorney to provide information which may prove your innocence so that the case is dismissed.

Trial:

During the jury trial you are entitled to have a jury of twelve impartial jurors. Both your defense attorney and the prosecuting attorney have an opportunity to make opening statements, introduce witnesses and evidence, cross examine witnesses and offer closing arguments. During their deliberation the jury decides whether the prosecution has proved its case against you.

Sentencing:

If you are found guilty, the sentencing hearing determines an appropriate punishment. Different crimes carry different possible penalties. The judge may be persuaded to sentence you to probation instead of a term in jail or state prison. You are entitled to a sentencing hearing so that your attorney can ask the judge to give you the lowest possible penalty.

Child Abuse

California, like many states, has numerous laws on the books involving crimes of violence. They run the gamut from stalking to domestic violence, the common assault and battery, that result in injury, as well as the crime of criminal threats. Each crime is made up of distinct elements that must be proven by a prosecutor. If just one element of a given crime cannot be proven, the jury must acquit. Therefore, it is of the utmost importance that you consult with a qualified criminal defense attorney to determine exactly where you stand regarding the charges against you.

If you have been arrested on charges related to crimes of violence, it is very important that you seek a professional, experienced defense team. Do not hesitate in seeking a free case evaluation from the Pensanti & Associates Law Firm.

An assault requires an attempt to do violent injury to another person as well as the present ability to cause the violent injury. An assault can only take place when there is the present ability to act. Therefore, squeezing the trigger of a plastic toy gun that is obviously fake will not constitute assault because there is no appearance of a present ability to cause harm. However, if the toy looks real to the victim even though it is fake, an assault can have taken place, because to the victim, it looked as if the attacker had the present ability to cause harm.

Assault crimes in California are very specific. For example, California has laws regarding assault with a fire arm, assault with a weapon other than a fire arm, and laws regarding assaults on specific people such as government officials, policemen, and firefighters too.

A battery is the willful and illegal use of force or violence on another person. Bear in mind however, that a battering only requires the touching of another. The touch does not need to be brutal or severe and marks or scrapes are not necessary either.

Other crimes of violence in California include stalking. It seems that stalking crimes would be particular to California because of all the celebrities that live here, but the truth is, many stalking cases simply involve broken relationships or overly aggressive suitors who have been rejected by the one’s they want. In California, a stalker is known as someone who willfully, maliciously, and repeatedly follows or harasses another person and who makes credible threats against that person with the intent to make that person fear for his or her safety, or for the safety of an immediate family member.

Mayhem is a crime that can be likened to an aggravated battery. Mayhem consists of maliciously harming a person and in so doing, causing the deprivation of a body part, disabling or disfiguring a body part such as cutting person’s tongue or putting out a person’s eye.

Kidnapping is obviously illegal in California too. Kidnapping can occur under a number of different circumstances, and there are different elements that must be considered in each type of kidnapping cases. Common examples of these types of kidnapping involve kidnapping for ransom, kidnapping during a robbery, kidnapping during a carjacking, or the very common kidnapping that is related to child custody matters. These crimes are all slightly different and each has a technical standard that the prosecutor must prove beyond a reasonable doubt. These cases are best defended by experienced and knowledgeable criminal defense lawyers.

Domestic violence is yet another crime that covers many different activities and people. Domestic violence exists whether the victim is a man or a woman and domestic violence exists in cases where people in same sex relationships are the victim of violence too. There are also varying degrees of domestic violence that one may be charged with. It is of the utmost importance to find a lawyer who can work with the prosecutor to get a punishment that best suits a defendant’s situation. A good criminal defense attorney understands that there are alternatives to harsh punishment.

Assault & Battery Crimes

California Criminal Appeals

A criminal appeal can be filed when someone is convicted of a crime and believes there was a mistake in the trial. Trial errors are unintentionally made in a number of ways by attorneys, jurors and/or judges:

Evidence may have been used against the person but shouldn’t have been
Evidence that might have helped the person was wrongly kept out of the trial
The wrong law might have been applied
An attorney may have made an inappropriate argument
The jury instructions may have confused the jurors
The sentence was not appropriate for the crime

A criminal appeal gives the convicted person a second chance to obtain justice. When an error is discovered, it could be overturned or overruled so that the court’s decision is reversed.
If the conviction is reversed, the convicted person may get his/her sentence reduced or get a new trial.

California Law Under California law, a criminal appeal can be filed by a convicted individual or his/her lawyer within 60 days of the conviction. Usually, the individual will hire an appellate lawyer to file the appeal.

The entire process starts when a notice of appeal is filed in the court where a conviction or ruling occurred. After that, a copy of all the criminal trial papers and testimony are gathered and filed with the appropriate California Court of Appeals.

An Appeal Requires Expertise. The California criminal appeal process is a very specialized, complicated process that demands appellate expertise on the part of the attorney. It involves extensive research and written and oral arguments, and can often take a year or more.

The procedures are different from the trial court process and include the following steps:

After the notice of appeal is filed, the “record on appeal,” or transcripts, are prepared and filed by a court clerk and reporter.
An “appellant’s opening brief” is then prepared by the attorney, who has found the errors, researched relevant law and cases, and written a brief containing the “grounds for appeal;” the reasons why the decisions should be overruled.
A “respondent’s brief” is then filed by the prosecution, and a good appeal lawyer then files an “appellant’s reply brief” in response to the prosecutor’s arguments.
Three judges in the Court of Appeal then hear the “oral arguments” on both sides.
Months after the arguments, the court makes its decision or “opinion” on the case.
If an appeal loses in the California Court of Appeals, it may be taken to the California Supreme Court. But, these cases are rarely accepted (approximately 125 per year).

Work with an Experienced Appellate Lawyer. In the California Court of Appeal, you need the best representation possible to help you win. Don’t let your right to a criminal appeal slip away. Contact Pensanti & Associates NOW for a free evaluation. Call toll FREE 1(800) 851-6477

Domestic Violence Crimes

Contact Pensanti & Associates NOW for a free evaluation.

Drug Crimes

California cases involving drugs give rise to many issues, and many possible defenses and results. Charges involving drugs range from being under the influence of a substance or possession for personal use of a substance, to possession for purposes of sale or narcotics trafficking. California cases involving drug possession or drug sales require a California criminal defense lawyer who is familiar with the specialized law in these areas. A skilled California drug possession lawyer will know how to handle the drug possession charge in the most effective manner.

In a California drug possession case, the most damning evidence (and thus the most important for the prosecution) is typically the drugs themselves, and any associated paraphernalia—scales, baggies, pay/owe slips, journals, and books and magazines relating to cultivation and distribution of products. Therefore, the first line of defense for the California drug possession lawyer or California criminal defense attorney is to suppress the evidence against the accused. If the evidence is suppressed, the prosecutor cannot use it for any reason, and generally the case will have to be dismissed.

California Drug possession charges also invite asset forfeiture proceedings. Forfeiture is the taking by the government, without compensating the owner, of property that was illegally used or obtained. Where assets are acquired through a pattern of criminal profiteering activity or proceeds, the government will seize them for their own use or sale. Sometimes assets are seized and forfeited without any proceedings; in other California cases, real property or personal property worth more than $25,000 which are subject to forfeiture require judicial forfeiture proceedings. Where personal property is seized that is worth $25,000 or less, it only requires that notice be given that the property may be forfeited. If no claim is filed for the return of the property, the property may be forfeited without judicial proceedings. It is therefore vital that anyone accused of a drug possession charge or a drug sales charge contact a skilled California criminal defense lawyer right away.

And what about sentencing alternatives such as drug diversion, drug court, and California’s Proposition 36? Los Angeles, California based Criminal defense attorney Louisa Pensanti devotes 100% of her practice to criminal defense work, and is well-versed in each of these sentencing alternatives. Drug possession charges and drug sales charges can result in incredibly harsh penalties. If you have been charged with the possession or sales of narcotics, it is essential that you have the services of a California criminal defense lawyer who is familiar with each of these areas.

Embezzlement & Fraud Crimes

The crime of theft is a rather broad one. It’s stealing. It’s taking property from another person without their permission. There are various ways in which a person can steal, and each way is its own specific crime. Just so there is no confusion, be aware that ‘larceny’ and ‘theft,’ for purposes of the California Penal Code, are the exact same thing. The term ‘theft’ is the more modern and common term used today.

Theft is broken down into two categories: grand theft and petty theft. Theft is considered grand theft if the value of the property or services that were wrongly taken is more than $400. There are some cases, such as some farm produce and shellfish, where it is considered grand theft if the value of those products is over $100. Any theft for property or services valued under $400 is considered petty theft. Often times a charge of petty theft with a prior theft on one’s record can demand elevated punishments.

Grand theft of a firearm carries with it a possible punishment of up to three years in state prison. Grand theft of anything other than a firearm carries up to a one year sentence in county jail or state prison. Grand theft auto is yet another type of theft that involves some technicalities, and certainly it requires the assistance of an expert criminal defense attorney.

The California Penal Code’s definition of embezzlement is “the fraudulent appropriation of property by a person to whom it has been entrusted.” Embezzlement is still charged as a theft, and the same standards regarding the value of the property that apply to grand theft and petty theft apply to embezzlement. A typical example of embezzlement would be if you gave your stock broker $10,000 and instead of him putting the money into stocks, he put it in his personal checking account. The punishment for embezzlement is the same as that which applies to general theft charges.

Burglary is a crime that is always coupled with another crime. Burglary occurs when a person enters any house, room, apartment, shop, warehouse, store, tent, or floating home among other dwellings and storage facilities with the intent to commit petty or grand theft or to commit another felony. Therefore, one who enters a house without the intent to steal or commit a felony is not guilty of burglary. The issue of intent requires the technical knowledge of an expert criminal defense attorney.

Robbery is a combination of assault and theft. It is the felonious taking of personal property in the possession of another, from his or here person or immediate presence, and against his or her will, accomplished by means of force or fear.

A person may be guilty of forgery if that person signs the name of another person on a document, without that person’s authority. The person also has to sign the document with the intent to defraud or steal. Forgery can also occur when a person makes false identification cards or other fake documents. Forgery can be charged as a felony or a misdemeanor so it is very important to consult with a qualified attorney if you are charged with forgery.

Fraud is crime that requires deceit on the part of the person charged. There are all sorts of frauds, ranging from business and insurance fraud to defrauding a government agency by getting involved in worker’s compensation fraud and welfare fraud.

Identity theft is a crime that is on the rise. People have so much information floating around on the Internet that it has created an incentive for others to steal that information and use it to obtain credit, phones, or almost anything else. It takes an experienced attorney on the cutting edge of technology to defend a person accused of identity fraud in many cases.

If you have been charged with a theft crime, do not hesitate to seek professional counsel from a qualified criminal defense attorney. Contact us for a free case evaluation. The law is complicated and trying to tackle it on one’s own or with an attorney who has little experience could be detrimental in the long run.

3 Strikes Crimes

When Conviction Means Life in Prison

If you have been charged with a crime and have a previous criminal conviction on your record (one strike)—even if it was years ago, even if the crime was non-violent—you could be facing the doubling of your prison sentence if you’re convicted again.

If you have two “strikes” against you (two prior convictions), you could be looking at life in prison for your current crime.

If you have any previous convictions, it’s vital to get the best criminal defense attorney you can.

You need a Los Angeles three strikes criminal lawyer who will thoroughly investigate your case and aggressively defend your rights. You need Pensanti & Associates. The three strike system is extremely unfair. We’ve had clients whose prior conviction was more than ten years ago – they just got arrested for a drug offense and are now looking at major prison time! If you have a prior conviction, our goal is to get that prior conviction reduced or dismissed.

Avoid life in prison.

If you’ve been charged with any of these crimes, call our Los Angeles three strikes criminal lawyers toll-free at 1(800) 851-6477.

Murder, aggravated assault, assault with a deadly weapon
Sexual assault, rape, child molestation
Drug sales, trafficking, manufacture, transportation, possession for sale
Domestic violence
Burglary, auto theft, carjacking

We work with a licensed private investigators to get the facts in your case. A thorough investigation and review of your case can make the difference and pay off in successful results.
The Los Angeles three-strikes lawyers at Pensanti & Associates understand the kind of aggressive criminal defense you need to avoid a life sentence.

If you have been charged with a crime or about to be charged, don’t talk to the police first. Talk to us.

Sex Crimes

There are many crimes in California that fall under the heading of sex cases. These cases involve technicalities that are best handled by experienced criminal law attorneys who are capable of providing a vigorous defense to all of their clients no matter what the crime is they stand accused of committing.

Rape is a common sex crime. There are four different categories of rape: rape of a non-spouse, spousal rape, forcible rape in concert (acting with another to commit rape), and statutory rape.

Rape in general is an act of sexual intercourse with a person without that person’s consent. Therefore, in most rape cases the main issue that will be dealt with is that of whether or not consent was actually given, if so, how that consent was actually given, whether it was voluntary or forced as a result of duress. Rape requires that a victim be alive. It may be hideous and disgusting to have sexual intercourse with a corpse, but it is not rape because it is not infringing on a person or feelings. Furthermore, the rape victim does not need to offer proof of chastity. This means that if a prostitute says ‘no,’ the answer is no, and any intercourse forced upon the prostitute will be considered rape. To a limited degree however, prior un-chastity on the part of the victim is allowed to be admitted into evidence. Evidence and all other issues in these cases are best left in the hands of qualified attorneys. Contact the Pensanti & Associates Law Firm for a free consultation today.

Statutory rape exists where a sexual intercourse takes place between a minor and a person over the age of 18. Generally these are strict liability laws. This means that even if there was consent between the parties, the party that is not the minor can still be held criminally accountable for rape. The person being accused of statutory rape does have the opportunity to argue that there was a mistake as to the age of the minor. However, the prosecution does not have to present as part of their case that there was no mistake of age. The mistake of age argument must come from the defendant. Statutory rape does not exist where the minor is married to the adult with whom there is consensual sexual intercourse.

Spousal rape exists where one spouse has sexual intercourse against the other’s will. Spousal rape will exist where force or threat of force is used to coerce sex, where one spouse threatens death or unlawful bodily injury on another person, where the victim is drugged and therefore prevented from resisting intercourse, and the threats of retaliation for non-consent if there is a reasonable possibility that the threat will be executed.

Prostitution is the practice of engaging in common, indiscriminate sex for hire. It is a crime to solicit or agree to engage in any act of prostitution. Prostitution includes any lewd act between persons for money or other forms of consideration.

Pimping is a felony that consists of the exploitation of a prostitute for commercial gain. The crime of pimping takes place when a person, knowing that another person is a prostitute, derives any money from the proceeds of the prostitute’s acts of prostitution. It is not necessary for the pimp to take money directly from the prostitute. The pimp can just as easily take money from the John instead.

There are numerous other sex crimes that are related to the crimes explained above. Some of those crimes involve the solicitation of prostitution, sodomy, oral copulation, sexual battery, and lewd acts with a child under 14. These crimes all involve complicated and technical details that are best handled by experienced defense attorneys.

Another matter related to sexual crimes is that of Megan’s Law and the registration of sex offenders. While many sex crimes do require sex offender registration, this is not always the case. Lawyers who specialize in this field can effectively challenge the registration requirements in some cases.

Being charged with any sex crime is very serious. The penalties can have an effect for a lifetime. Do not trust your case to just any attorney. Call our offices immediately for a free case evaluation from Pensanti & Associates Law Firm. Contact Pensanti & Associates NOW for a free evaluation.

White Collar Crimes

Crimes that do not involve physical violence, and that relate largely to financial matters, are often called “white collar crimes.” White collar crimes involve most of the same legal principles as do other crimes, and people charged with white collar crimes have the same rights and protections as defendants accused of other crimes. On the other hand, white collar offenses are often very complex, and involve numerous complicated legal and factual issues. The possible penalties include fines, prison sentences, and criminal forfeiture. If you have been charged with a white collar crime, it is essential that you seek legal counsel from an experienced criminal defense attorney at once so that you can preserve your rights and protect your future.

Fraud

Fraud is a very serious, and very broadly defined, criminal offense. Criminal fraud is a charge that can be brought against a business, as well as against an individual (a business cannot be put in prison, but can be hit with substantial fines). A charge of fraud--let alone a conviction--can wreak havoc with the reputation of a person or company charged. Zealous legal representation is critical in fraud cases, as in all criminal cases. It is critical for an accused to seek help from an experienced criminal defense attorney.

Insider Trading

Insider trading is an offense that has received a lot of attention in the media in recent years. The charge is a serious one, and can subject a person to both civil and criminal liability. It is critical for an accused to seek help from an experienced criminal defense attorney.

Penalties for White Collar Crime

The most frightening part of being a defendant in a white collar criminal case-or any criminal case-is the potential penalty involved. Most white collar defendants have no prior experience with the criminal justice system, and the question of what could happen looms understandably large in their minds. An experienced criminal defense attorney can give specific advice on the possible penalties in a particular case.

Civil Consequences of White Collar Crime

A prosecution for a white collar crime can lead to more than criminal penalties. Many white collar offenses may give rise to civil lawsuits, brought either by the federal or state government, or by the victims of the offense. Any civil liability imposed as a result of these suits is in addition to, and not a substitute for, the penalties imposed in the criminal case. An experienced white collar crime attorney can give specific advice on the possible civil liability in a particular case.

White Collar Crime

Many normal people make bad judgment calls because they have access to large amounts of money that is not their own. Experiencing financial pressures due to high credit card debt, hospital bills, or a gambling addiction, can often times result in an arrest for a white collar crime, such as embezzlement, property theft, wire fraud, or mail fraud. We have been able to get pre-indictment settlement of cases for clients. Often it is with the agreement to pay restitution. We have also helped businesses, contractors, and other professionals accused of the following crimes:

Business fraud
Accounting fraud
Bank fraud
Forgery
Insider Trading

Theft Crimes

There are two forms of burglary, burglary in the first degree and burglary in the second degree. Any burglary of an inhabited dwelling is considered burglary in the first degree, while any other burglary is of the second degree. This means that robbing a person’s home is first degree but robbing a cargo container is burglary of the second degree.
Robbery is a combination of assault and theft. It is the felonious taking of personal property in the possession of another, from his or here person or immediate presence, and against his or her will, accomplished by means of force or fear.

Homicide

Homicide is broadly defined as the killing of one human being by another. Homicide is a class of crimes that all involve the killing of one person by another, but are distinguished by the circumstances involved in the particular act of killing. If you are accused of any form of homicide in California, it is in your best interest to immediately contact a defense attorney with the experience and knowledge to provide the most vigorous defense possible.

Murder with Special Circumstances is a situation that exists where the death penalty is an option as a punishment for a defendant. There are a number of reasons why the death penalty could attach. Some of the reasons would be multiple murder victims, terrorism, murder to prevent one’s arrest, or the murder of a witness, judge, prosecutor, or police officer.

Murder is a form of homicide committed with malice aforethought. Malice aforethought has various definitions, all of which relate to the state of mind of the person who commits murder. Those definitions are:

intention to cause grievous injury and death resulted;
conduct with a “depraved heart” showing lack of care for human life;
or intent to commit any felony whatsoever;

Murder in the first degree is committed when there is an unlawful killing of a person with malice aforethought and the homicide was premeditated. Premeditation is key to a prosecutor’s case of murder in first degree. Premeditation can exist where there have been months of planning or when a split second decision to kill has been made. All that is required is that a person decides to kill and then they kill. It doesn’t matter how much time does or does not elapse between the decision to kill and the act that kills. A qualified attorney will be required to successfully defend a murder charge.

Murder in the second degree also requires malice aforethought but it does not require premeditation. Therefore, murder in the second degree usually exists where it can be shown that a person did not have the necessary mental state for premeditation but did act intentionally nevertheless. In California there are three theories of second degree murder, and it takes an experienced criminal defense lawyer to know the differences. The first theory is unpremeditated murder with express malice. The second theory of murder in the second degree is the unlawful killing of a human being when the killing resulted from an intentional act, the natural consequences of the act are dangerous to human life, and the act was deliberately performed with knowledge of the danger to, and with conscious disregard for, human life. The third theory of second degree felony murder is the unlawful killing of a human being, whether intentional, unintentional or accidental during the commission of a crime if the perpetrator had the specific intent to commit that crime.

Homicide can also consist of manslaughter, and manslaughter can be broken down into voluntary manslaughter, involuntary manslaughter, and vehicular manslaughter. A homicide is considered manslaughter when there is a killing of one human being by another but malice is not present.

Voluntary manslaughter is a murder that is generally committed “in the heat of passion” or as “imperfect self-defense.” The judicial definition of voluntary manslaughter is an unlawful killing that is committed without malice but with a conscious disregard for life.

Involuntary manslaughter exists when a person commits an unlawful killing but does not intend to kill and does not act with the conscious disregard for human life. An example of involuntary manslaughter would be if an individual punched somebody in the face just once and that person died. If the punch to the face was not intended to kill, there is no intent to kill, and because the punch was not meant to kill, there was no conscious disregard for human life.

The last category of manslaughter is vehicular manslaughter. Vehicular manslaughter exists where a person has acted with gross negligence and that negligence results in the death of another. An example of vehicular manslaughter is would if a person got behind the wheel of a car and drove that car as fast as they could without regard to any traffic signs and slammed into another car killing the driver of the other car.

If you have been arrested on homicide charges, you need an attorney who has experience in defending these charges. Do not hesitate to call today for a free case evaluation from The Pensanti & Associates Law Firm.

Juvenile Crimes

When a youth is accused of a crime or is being investigated, it is the most stressful time a family can go through. It affects the entire family: the juvenile, the parents, the siblings, the grandparents and extended family. FEAR of the police, prosecutors, and judges is extensive. Concern that your child will not be treated as the child that he or she is, can be overwhelming. We help the Court to see it our way: that the child has simply used youthful poor judgment and made a foolish mistake.

Juvenile laws have recently changed. The juvenile court system was originally created to rehabilitate and not punish youthful offenders. The incrediblyharsh laws recently enacted have weakened the original intention of the system. Children as young as twelve are now being detained by the police and questioned without their parents or an attorney present.

The “Three Strikes Law” has been held to apply to juvenile convictions or adjudications. Your child needs a strong voice and a warrior to guide them through the juvenile system to prevent their future from being ruined permanently. The police have sent undercover officers into schools to entrap young, insecure students into commit crimes such as sales of marijuana and other recreational drugs.

Protecting the Rights and Freedom of Children At Pensanti & Associates, a Southern California criminal defense law firm, our juvenile crime lawyers protect the rights and freedom of young people. We negotiate with the authorities to prevent the child from being treated as an adult. We represent the child in juvenile court for a successful result.

Our experienced attorneys know how to approach the authorities with rehabilitation alternatives. We want to avoid our children’s imprisonment and try to mitigate any sentencing.
California Juvenile Crimes Some of the juvenile crimes we handle include:

Assault and Battery
Violent Crimes
Gang Crimes
Drug Use
Drug Sales and Trafficking
Sexual Misconduct
Theft and Shoplifting
Vandalism
DUI/DWI and Traffic Violations
Sealing of Juvenile Record

Contact Pensanti & Associates Immediately If a young person in your family has been charged with or is being investigated for a juvenile crime, please contact us. It is critically important that your young loved one get help from an attorney immediately.

Internet Crimes

Our defense strength in working with our Internet crime clients accused of online fraud or other internet related charges, is working with experienced computer forensic experts. Knowing that manipulation and morphing of computer evidence by law enforcement investigators has happened makes us scrupulously vigilant. We have helped clients in the following internet-related cases:

Internet identity theft
Sale of illegal products, such as illegal drugs
Internet gambling
Work-at-home schemes
Hacking allegations
Copyright violations
Internet sex crimes

Federal Crimes

Pensanti & Associates has had tremendous results in defending federal cases throughout the United States. We appear in all of the Districts of California, including the Central District of the United States District Court in Los Angeles.

Attorney Louisa Pensanti has defended cases in federal court for over eight years, helping clients with Grand Jury investigations, on bail issues, and in pretrial litigation. Our firm’s federal practice areas are briefly summarized below.

Assisting Clients with Grand Jury Investigations before an Indictment

You need experienced counsel to represent you, before the United States Attorney has the Grand Jury issue an indictment. You need experienced counsel to represent you, before an appearance as a Defendant in Court. We rely on our skills and experience negotiating with federal prosecutors to minimize negative results to our clients. Talk to us before you talk to the feds! Most people are totally unprepared to testify in front of the grand jury—they are then indicted, and face severe penalties. The United States Federal Sentencing Guidelines [ “The Book”] carries great weight with the federal courts. We have extensive experience working within the Guidelines to obtain successful outcomes for our clients. We work with private probation officers to obtain presentencing reports that focus on the mitigating factors, we investigate our clients’ entire background including any childhood issues, and find any exculpatory evidence for a satisfactory result.

Our Federal Practice Areas   We provide strong and effective legal representation in all federal criminal cases, such as charges of fraud, internet crimes, corruption, large drug quantities, money laundering, RICO, and the following areas of criminal defense:

Federal Drug Crimes

We represent individuals charge with large-scale drug possession, drug trafficking, possession with intent to distribute, and conspiracy to import drugs. Our focus is to make sure that every government agent follows all constitutional requirements in any search of your property, including canine (K-9) searches. Because the quantity and purpose of drug possession, such as possession for sale rather than possession for use, often determines the range of punishment, we focus on the details. Our areas of practice include:

Club Drugs - MDMA (ecstasy), LSD, and GHB (date rape drug)
Cocaine and crack cocaine
Conspiracy
Drug cultivation and manufacturing
Drug trafficking, transportation, and importation
Heroin possession and sales
Marijuana possession and sales
Methamphetamine manufacturing and sales
Possession of chemicals for drug manufacturing
Possession with intent to deliver and drugs sales
False or forged prescriptions
Police sting operations

White Collar Crime

Business fraud
Accounting fraud
Bank fraud
Forgery
Insider trading

Healthcare Fraud

Health care is an increasingly prevalent concern for all of us. The lawsuits filed against health care providers has increased tremendously. A health care provider accused of fraud must hire the best defense attorneys available. The risk of losing their business is colossal. The medical field is fraught with bureaucratic hang-ups that can cause long delays. We assist healthcare companies and professionals, in the following areas:

Medicare fraud
Medicaid fraud
Health insurance fraud
Medical billing fraud

Internet Crimes

Internet identity theft
Sale of illegal products, such as illegal drugs
Internet gambling
Work-at-home schemes
Hacking allegations
Copyright violations
Internet sex crimes

Child Pornography

One of the fastest growing areas of prosecution in federal court, child pornography offenses often carry mandatory minimum prison sentences. If images were transmitted electronically to even one other person, federal prosecutors threaten to charge you with child porn trafficking, a much harsher sentence than child pornography possession.

Internet Predator Stings

Pensanti & Associates has defended several of the “Dateline” predator sting operations where there is no “victim” just a private citizen acting as a government agent on the Internet. Attorney Louisa Pensanti has mounted a successful counter-attack to an irresponsible government operation. Contact Pensanti & Associates now.

CALL BEFORE YOU SPEAK TO ANY GOVERNMENT AGENTS!  CALL BEFORE YOU TESTIFY IN FRONT OF THE GRAND JURY!

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